Bill Text: TX HB2422 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of aggregate production operations by the commissioners court in certain counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-16 - Referred to Environmental Regulation [HB2422 Detail]
Download: Texas-2021-HB2422-Introduced.html
87R9564 MP-D | ||
By: Zwiener | H.B. No. 2422 |
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relating to the regulation of aggregate production operations by | ||
the commissioners court in certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 28A, Water Code, is | ||
amended to read as follows: | ||
CHAPTER 28A. REGULATION [ |
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AGGREGATE PRODUCTION OPERATIONS | ||
SECTION 2. Section 28A.001(1), Water Code, is amended to | ||
read as follows: | ||
(1) "Aggregate production operation" means the site | ||
from which aggregates are being or have been removed or extracted | ||
from the earth, including the entire areas of extraction, stripped | ||
areas, haulage ramps, and the land on which the plant processing the | ||
raw materials is located, exclusive of any land owned or leased by | ||
the responsible party not being currently used in the production of | ||
aggregates. For the purposes of this chapter, the term "aggregate | ||
production operation" includes a quarry producing aggregates. For | ||
the purposes of this chapter, the term "aggregate production | ||
operation" does not include: | ||
(A) a site at which the materials that are being | ||
removed or extracted from the earth are used or processed at the | ||
same site or at a related site under the control of the same | ||
responsible party for the production of cement or lightweight | ||
aggregates, or in a lime kiln; | ||
(B) a temporary site that is being used solely to | ||
provide aggregate products for use in a public works project | ||
involving the Texas Department of Transportation or a local | ||
governmental entity; | ||
(C) an extraction area from which all raw | ||
material is extracted for use as fill or for other construction uses | ||
at the same or a contiguous site; | ||
(D) a site at which the materials that are being | ||
removed or extracted from the earth are used or processed for use in | ||
the construction, modification, or expansion of a solid waste | ||
facility at the site or another location; or | ||
(E) a site at which: | ||
(i) the materials being removed or | ||
extracted from the earth are specialty or terrazzo-type | ||
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decorative or artistic uses; and | ||
(ii) the portion of the specialty or | ||
terrazzo-type [ |
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current production for commercial sale in the site does not exceed | ||
five acres. | ||
SECTION 3. The heading to Subchapter B, Chapter 28A, Water | ||
Code, is amended to read as follows: | ||
SUBCHAPTER B. REGISTRATION, [ |
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SECTION 4. Subchapter B, Chapter 28A, Water Code, is | ||
amended by adding Section 28A.055 to read as follows: | ||
Sec. 28A.055. LOCATION OF AGGREGATE PRODUCTION OPERATIONS | ||
IN CERTAIN COUNTIES. (a) This section applies only to: | ||
(1) a county with a population of 500,000 or more; or | ||
(2) a county that: | ||
(A) is adjacent to a county with a population of | ||
500,000 or more; and | ||
(B) according to the most recent federal | ||
decennial census, had population growth of more than 30 percent | ||
during the decade preceding the most recent federal decennial | ||
census. | ||
(b) The county commissioners court by order may prohibit the | ||
construction or expansion of an aggregate production operation at a | ||
location less than one mile from a residence, school, place of | ||
worship, hospital, or land platted for residential development and | ||
may establish conditions on the construction or expansion of an | ||
aggregate production operation for other locations in the county | ||
based on development patterns of the county, distance of an | ||
operation from a roadway, traffic conditions, emission of dust from | ||
an operation, or public safety. | ||
(c) An order adopted under this section may not result in a | ||
prohibition on the construction or expansion of aggregate | ||
production operations in the county. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
the construction or expansion of an aggregate production operation | ||
that begins on or after the effective date of this Act. The | ||
construction or expansion of an aggregate production operation that | ||
begins before the effective date of this Act is governed by the law | ||
in effect immediately before the effective date of this Act, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2021. |